In The Matter Of Niraj Sharma vs State

The petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

Heard the learned advocates for the parties.

It is submitted on behalf of the petitioner that the allegations are out and out false and he has been falsely implicated in the instant case.

Learned advocate for the State opposes the prayer for anticipatory bail and submits that the petitioner had unauthorisedly hacked the personal account of the de facto complainant.

Having considered the materials on record and bearing in mind the nature of allegations, we note that the electronic records have already been seized and have been sent for forensic examination.

In views of the development of investigation, we are of the opinion that custodial interrogation for progress of investigation is not necessary and the petitioner may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioiner shall be released on bail upon furnishing a bond of Rs.10,000/-with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure 1973 and on further condition that the petitioner shall meet the investigating officer once in a week until further orders.

Petitioner shall appear before the investigating officer and hand over his passport, if any, within two weeks from date. In the event, he does not have passport, he shall personally appear before the investigating officer and furnish an affidavit to that effect within the time framed mentioned hereinabove.

The application for anticipatory bail is, thus, disposed of.